Can I reopen prosecution after filing an appeal?

Yes, you can reopen prosecution after filing an appeal by submitting a Request for Continued Examination (RCE). The MPEP provides guidance on this: “Prior to a decision by the Board, if an applicant wishes to withdraw an application from appeal and to reopen prosecution of the application, applicant can file a request for continued examination…

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How does the MPEP address the reliance on fewer than all references in an Examiner’s Answer?

The MPEP 1207.03 provides guidance on how reliance on fewer than all references in support of a rejection in an Examiner’s Answer is treated. Specifically: “Relying on fewer than all references in support of a 35 U.S.C. 103 rejection, but relying on the same teachings. Assuming the rejection is otherwise proper, if the examiner’s answer…

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Under what circumstances can a patent appeal be dismissed?

A patent appeal can be dismissed under various circumstances, including: Failure to file a timely appeal brief Submission of an incomplete or non-compliant appeal brief Lack of jurisdiction by the Patent Trial and Appeal Board (PTAB) Failure to respond to a requirement or order from the PTAB Abandonment of the application The specific reasons for…

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Can the public attend patent appeal oral hearings?

The public’s ability to attend patent appeal oral hearings depends on the type of application involved. According to the MPEP: “The Board’s current procedure permits members of the public to attend oral hearings in appeals of reexamination proceedings, reissues, and published applications. Members of the public are not permitted to attend appeals of non-published applications.”…

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